The protest procedures contained in this chapter apply to formal
sealed bids and competitive proposals only. For purposes of this chapter
any person who submitted either a bid or proposal is referred to as
a "bidder" and any submitted bid or proposal is referred to as a "bid."
(Ord. 808 § 2, 2019)
Only a bidder who has actually submitted a bid is eligible to
submit a bid protest against another bidder. Subcontractors are not
eligible to submit bid protests. A bidder may not rely on the bid
protest submitted by another bidder, but must timely pursue its own
protest.
(Ord. 808 § 2, 2019)
Any bid protest must be in writing and received by the city
before five p.m. no later than two business days following the bid
opening (the "bid protest deadline"). The protesting bidder may submit
the bid protest by personal delivery, courier, or facsimile transmission.
(Ord. 808 § 2, 2019)
Within five business days of the response deadline, the city
manager will issue a decision on the bid protest. The decision of
the city manager is final.
(Ord. 808 § 2, 2019)
The procedure and time limits set forth in this section are
mandatory and are the bidder's sole and exclusive remedy in the event
of bid protest. A bidder's failure to comply with these procedures
will constitute a waiver of any right to further pursue a bid protest,
including filing a
Government Code claim or initiation of legal proceedings.
(Ord. 808 § 2, 2019)